A Vancouver Coastal Health (VCH) employee has claimed that a breach of patient confidentiality by a nurse accessing private medical records in Powell River is not an isolated incident.
The employee, who wished to remain anonymous for fear of losing their job, claimed their personal records were accessed by Michelle Chisholm, a Powell River licensed practical nurse who was recently reinstated to her position after being terminated.
However, the anonymous employee said Chisholm is not the only VCH staff member in Powell River to have breached codes of conduct by accessing patient records.
“Others have done it. I’ve seen it,” said the employee.
The employee claimed they received a notification letter from VCH that their confidential medical files had been accessed in 2012.
“It’s pretty scary,” said the employee. “I know people are going to see my name; they know me. People are extremely snoopy. Maybe they won’t tell anyone, maybe they will, but I don’t want to take the chance. It’s personal stuff that’s nobody’s business.”
A VCH investigation that took place in 2015 found Chisholm had accessed the files of 14 patients over 11 months during 2014. In January 2015, VCH fired Chisholm, but then reinstated her last month following an independent arbitrator’s ruling.
According to the arbitrator’s report, Chisholm accessed the patient records while working at Powell River General Hospital (PRGH) and the former Olive Devaud Residence.
VCH senior media relations officer Anna Maria D’Angelo said she would not confirm or deny that there were investigations into other breaches of conduct at PRGH or any of Powell River’s VCH-run care facilities.
D’Angelo said VCH staff accessing patient records outside of their direct care violates the health authority’s confidentiality agreement with its employees.
“That a staff member would breach anyone’s right to privacy of their medical situation is extremely disappointing,“ said D’Angelo. “It also violates the trust people have placed in us.”
According to VCH’s information privacy and confidentiality policy, all staff must comply with the policy or face “disciplinary action including, but not limited to, the termination of employment, the termination of the contractual agreement, loss of computing privileges and prosecution and restitution for damages.”
D’Angelo added that VCH has a whistleblower-protection policy for any staff member who suspects inappropriate activities.
The anonymous employee said the public should be notified when an employee who breaches patient privacy returns to the job.
According to D’Angelo, VCH decides when it is necessary to inform the public of an individual’s return to work after suspension for serious misconduct. This case did not meet the criteria, she said.
“There was no broad risk to the public,” said D’Angelo in regards to Chisholm’s case.
Chisholm was reinstated to her part-time position at Willingdon Creek Village extended-care facility, but not her casual positions at the hospital, although she can apply for those in the future.
VCH is appealing the arbitrator’s decision to reinstate Chisholm, but D’Angelo said she could not discuss the appeal process.
“We are bound by these legal processes we go through and right now we are appealing the decision,” she said.
D’Angelo added VCH has received concerns and complaints from Chisholm’s coworkers since her return to the job.
“Certainly, we are aware that the staff has been upset about this,” said D’Angelo.
BC health minister Terry Lake, whose portfolio includes the province’s health authorities and organizations that deliver health services, including VCH, declined to comment on the matter.
Powell River-Sunshine Coast MLA Nicholas Simons said the VCH privacy breach is unfortunate to everyone involved and he does not understand why the minister would not issue a comment.
“If the minister is satisfied the system we have is adequate, then he should say so in order to reassure the public that people’s private information isn’t being inappropriately accessed,” said Simons. “If he believes the system isn’t sufficient, then what is he going to do about it?”
